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Eurogamer: Did Nintendo download a Mario ROM and sell it back to us?

Toxi

Banned
May 29, 2013
41,538
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Why would they need to do this? Couldn't they just rip a cart? They must have a nes cart around somewhere. The materials to do this would have cost less than $50 even in the worst case scenario. Isn't a Kazzo like $20-25?
Downloading a ROM is easier.

Oh shiiiii- actually the joke doesn't work it's an executable.
I was aware? Next you're gonna say it doesn't work because AM2R ain't an actual Nintendo game. No shit.
 

InfiniteCombo

Member
Jan 26, 2014
4,043
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650
I'm not all that hung up on the fact that they downloaded the ROM. It's their IP, they can do what they want with it.

What I'm hung up with is the implications:

1. This is hypocritical. Nintendo has voiced a fairly hard stance against emulation and piracy in the past. This move would be the equivalent of Metallica releasing a digital remaster of one of their albums... where the tracks were just downloaded from Napster.

2. This may be indicative of the "level of effort" Nintendo is putting towards Virtual Console. If they can't be bothered to get an in-house ROM and just lazily get an outside one, why worry about stuff like dark filters, input lag, etc in your emulation?
 

OryoN

Member
Aug 10, 2004
1,941
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0
Funny how some people are attempting to use this against Nintendo. I'm sure some of those same people also support the downloading of ROMs. I'm not here to argue for/or against it, but I can't help but point out the newly developed logic:

Pirates can sell Nintendo's IP, but Nintendo can't.

Sounds crazy when you say it like that, but it's essentially what some are - unknowingly? - implying.
 

Biske

Member
Apr 5, 2016
3,898
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Funny how some people are attempting to use this against Nintendo. I'm sure some of those same people also support the downloading of ROMs. I'm not here to argue for/or against it, but I can't help but point out the newly developed logic:

Pirates can sell Nintendo's IP, but Nintendo can't.

Sounds crazy when you say it like that, but it's essentially what some are - unknowingly? - implying.

I think Nintendo has every right to sell their own IP however they want. If they are selling roms ripped by other people, they still are absolutely in the right.


It just makes them look stupid, when apparently even for them it was more convenient to just get the ROM.
 
May 15, 2005
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I'm not all that hung up on the fact that they downloaded the ROM. It's their IP, they can do what they want with it.

What I'm hung up with is the implications:

1. This is hypocritical. Nintendo has voiced a fairly hard stance against emulation and piracy in the past. This move would be the equivalent of Metallica releasing a digital remaster of one of their albums... where the tracks were just downloaded from Napster.

2. This may be indicative of the "level of effort" Nintendo is putting towards Virtual Console. If they can't be bothered to get an in-house ROM and just lazily get an outside one, why worry about stuff like dark filters, input lag, etc in your emulation?
Your Metallica example implies additional work has been done but they're passing off old rips as a new product. That isn't the same as this.

No issue with your 2nd point though.

But ultimately, this is a story making people angry when they don't really have any cause to be. The term 'ROM' has become synonymous with lower value, mainly due to piracy.
 

Wishmaster92

Member
Apr 16, 2012
8,467
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And when you realize it's only available for 1 month?

 
Jan 9, 2016
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It does though.

Same as libraries change the value proposition for buying books. Same as ebooks change the value proposition for buying expensive physical books (bit different now that ebooks rose in price)

Sad reality is these companies are competing with the ease and convenience and value of piracy and losing.

They are doing a poor job of it. The virtual console looks ridiculous when I'm waiting to be able to play games that 13 year old me was easily playing years ago.

Nintendo and Virtual Console is an example of a company doing it especially poorly.


Better example is Sony, I've bought a lot of games for my Vita that are surely easily pirate-able, but Sony put them out in enough abundance with enough speed that its more convenient.



We all know why people pirate, its not as if the sole reason people pirate is "im a thieving scum bag"

If you love to play games and the choice is "Play every game ever right now" or "wait a year to slowly be able to buy 5 of them for 5-10 bucks a pop" its pretty easy to see why people pirate.

Companies are stupid to ignore it and should be increasing the value proposition.

That particular value judgement has nothing to do with Virtual Console.

This is nothing Nintendo can solve. They won't figure out how to prevent piracy. They don't have to.

Pirates will pirate. Just as they do for every other system or media. Nintendo shouldn't try to prevent those people from doing what they want, and that shouldn't matter in how they approach VC this generation.
 

Lunarwhale

Member
Sep 13, 2013
1,165
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I think the precedent is more concerning than anything. There are loads of bad dumps out there. I don't even mean edited or altered - I mean the process or tools used were screwy and it resulted in damaging the ROM in some way. No reason why Nintendo can't do the bare minimum for preservation or quality assurance and just nab one from their own vault. Without a master copy to compare against, any methods of comparison would result in nothing.

Then again, this seems less like a decision made in a meeting, more like an employee not knowing proper procedure.
 

big_erk

Member
Mar 6, 2012
2,039
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560
KC
I find this thread hilarious. Nintendo owns the code, they own the game, they own every part of that piece of software. They can do with it as they please. We as consumers own the right to play that piece of software in the form it was originally sold to us, unless NIntendo grants us the right to use it differently.

That's what a lot fail to understand. When you buy a game, you are only buying the right to play that game in the manner it was presented. By ripping the game you are altering the manner of presentation. We don't have to like it, but that's the way it is.

It really doesn't matter where Nintendo got the ROM from since they own the code anyways.

I find it highly likely when it came time to emulate the software the iNes header was an established solution to a specific problem. Why re-invent the wheel.
 

Biske

Member
Apr 5, 2016
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That particular value judgement has nothing to do with Virtual Console.

This is nothing Nintendo can solve. They won't figure out how to prevent piracy. They don't have to.

Pirates will pirate. Just as they do for every other system or media. Nintendo shouldn't try to prevent those people from doing what they want, and that shouldn't matter in how they approach VC this generation.

I disagree.

They should offer a better product.

Once they cat is out of the bag, they should adapt to that new reality. I mean 50 years from now, they will still be charging to download Super Mario Bro's again? On whatever new device?
 

ZOONAMI

Junior Member
Nov 4, 2013
9,396
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0
Saint Paul, MN
Why is this an issue? It's their IP.

They should download all the roms, buy dolphin, and build it into a virtual console for PC, and sell us all the roms.
 

rtrbad

Banned
Apr 22, 2016
108
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So a ROM file extension is the same as one created in 1996 (bear in mind this doesn't mean that they're running iNES on the Wii) it's a ROM, and most likely they'd come to the same solution that most people would when creating a ROM file from a physical ROM. They still developed and own the rights to the game, it's still their software to distribute one way or another.

I honestly, other than for people to be able to do a "gotcha" to Nintendo, see how this is even really interesting.
 

Fbh

Member
Dec 6, 2013
16,016
12,285
1,070
Honestly, I don't think the point here is if Nintendo did something wrong.

It's their IP and they can do whatever they want with it. And the end result for the consumer is literally the same.

But I think it's an interesting point of discussion in terms of the value of ROMS and emulation as a way to preserve games.
Because publicly, companies like Nintendo are against ROMS and emulation of any kind in any form. Yet with actions like these they are basically admitting how useful and valuable it can be
 

Toxi

Banned
May 29, 2013
41,538
1
0
Funny how some people are attempting to use this against Nintendo. I'm sure some of those same people also support the downloading of ROMs. I'm not here to argue for/or against it, but I can't help but point out the newly developed logic:

Pirates can sell Nintendo's IP, but Nintendo can't.
Damn all those pirates selling NES ROMs.
 

x3sphere

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Sep 24, 2006
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Couldn't they have dumped it themselves but did it the same way? Wouldn't this result in the exact same file?

I wouldn't be surprised if they just pulled it off the internet though, but it's not something that bothers me really.
 

Audioboxer

Member
May 11, 2010
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Unethical at worst. Bigger issue is whoever they outsource this too, how much under the hood testing goes on? ROMs can be modified lol.
 

hemo memo

Member
Sep 13, 2011
8,366
7,051
945
Why is this an issue? It's their IP.

They should download all the roms, buy dolphin, and build it into a virtual console for PC, and sell us all the roms.

The problem is this

How they got the rom is of less significance. Whether they dumped it themselves, downloaded it from the internet, or whatever, it is their IP and as long as they did their own legwork to make sure it was not modified from its source then I don't have a problem with it.

The problem comes in they have taken a hard stance against all emulation calling it piracy. Which is a hard pill to swallow if they are benefiting from legally grey areas that is much more akin to preservation efforts in other mediums. They didn't invent the iNES file format, but they are using it and all the benefits of emulating around a known standard rather than inventing their own.

They unintentionally validated the work of the pirates they have taken a hard stance against.

And this

So ... do any other NES Virtual Console games on Wii have that iNES header in them? Do all of them have that header? Do the NES games on the Wii U and 3DS Virtual Consoles have the header as well?

I want to know these things.

Also, I'd argue that the guy who originally came up with the iNES format and method of emulation could have a legal case against Nintendo here. Yes, he doesn't own the games' code, but he does own his programming work in creating the emulator and the file format (which is what left the iNES header in that Super Mario Bros. ROM), and Nintendo has profited off of his work. Nintendo owes him a cut of that pie — as well as punitive damages, I'd imagine.
 

Verilligo

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Dec 6, 2008
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By the way, this has been known for ages (and is relatively common with old re-releases) and simplifying this as "they just downloaded a ROM and sold it back" is simply wrong, as every VC title they sell is the ROM and the emulator in a package. The emulators are (or were in the Wii, I don't know about Wii U or 3DS, but it's likely the same) "tailor fitted" for each ROM and many games have been altered to fix/change things, not to mention tested in Q&A.

Also, afaik, existing ROM dumpers automatically include such headers in the ROMs, although I'm not sure as I'm not an expert on this. Nintendo either downloaded the ROMs or dumped them using an already existing dumper instead of making their own.

Of course, the irony/hypocrisy is palpable.

Are we even sure they do all that much QA? I mean apparently they either don't know what their tool actually does when it dumps a ROM or they're too overworked/uncaring to actually go in and fix alterations made to the game by said too. Or in the worst case, they actually just use ROMs that have been previously ripped by others. It's not like this was hidden deep within the code, this was right in the header. It just seems a little worrying for the end user if things can sneak in like this.
 

The Boat

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Sep 22, 2010
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Are we even sure they do all that much QA? I mean apparently they either don't know what their tool actually does when it dumps a ROM or they're too overworked/uncaring to actually go in and fix alterations made to the game by said too. Or in the worst case, they actually just use ROMs that have been previously ripped by others. It's not like this was hidden deep within the code, this was right in the header. It just seems a little worrying for the end user if things can sneak in like this.

Nintendo does extensive QA in everything they release and this is certainly no exception. Do you think they just pick up a ROM and put it in the shop, call it a day and hope it doesn't brick consoles or bug badly? What about the games they alter (and they altered many), do you think they don't even test those?
So they left the iNES headers there, I don't know why, but it certainly has no consequences to the user and has nothing to do with QA.
 

Dr. Zoidberg

Member
Nov 6, 2004
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It just seems a little worrying for the end user if things can sneak in like this.

There's nothing to worry about. Even if something did slip through testing, it would be pulled and a corrected version would be put up and the existing version patched. Why try to pretend that there is some serious concern for end-users here? This topic is primarily about wagging our fingers in Nintendo's face and calling them hypocrites and/or justifying having a downloaded ROM collection.
 

Crazyorloco

Member
Aug 29, 2007
2,862
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it's still their game lol

Why is it that now after the switch event even the smallest things are used to create a negative buzz around Nintendo? Why is there so much hate?

On topic: it's their IP so they can do what they want!

So true. I have no idea what the heck is going on. I guess this is giving them publicity though. Bad publicity or not. It's promoting them.
 

BibiMaghoo

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Jan 20, 2012
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This kind of legitimises the original upload of the file to a ROM site, which is obviously bad for Nintendo. It is a pretty stupid thing to do. The uploader can now claim that Nintendo did not attempt to protect its copyright of the data (by seeking it's removal when found), and further used the site and the upload themselves for sales and profit.

Quite incredible really.
 

KarmaCow

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Sep 13, 2009
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I am pretty sure this is old news. Gonna find a source on that.

If you watched video, they reference the original GDC talk from Frank Cifaldi along with some follow up with the iNES creator.

So yea, it's not new but I think it's worth bringing up again when we're possibly about to get into the VC rigmarole again with the Switch.
 

rav

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Sep 13, 2013
751
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So ... do any other NES Virtual Console games on Wii have that iNES header in them? Do all of them have that header? Do the NES games on the Wii U and 3DS Virtual Consoles have the header as well?

I want to know these things.

Also, I'd argue that the guy who originally came up with the iNES format and method of emulation could have a legal case against Nintendo here. Yes, he doesn't own the games' code, but he does own his programming work in creating the emulator and the file format (which is what left the iNES header in that Super Mario Bros. ROM), and Nintendo has profited off of his work. Nintendo owes him a cut of that pie — as well as punitive damages, I'd imagine.

While it would be interesting to see if every game had the same header, read on:

His programming work is irrelevant, even Eurogamer concedes that Nintendo made their own emulator. The header being in a file created by Nintendo doesn't imply they used his software or anything other than a standard description of where everything goes in the file.

They didn't ever reference their file as 'ines' so it's not actionable as a trademark.
Copyright is unlikely as well because it's a file format derived from a work that already had a Nintendo Copyright.
I don't believe the file format was patented, but welcoming evidence to the contrary.

http://www.fileformat.info/mirror/egff/ch08_09.htm

It actually gets pretty dicey, and as far as Nintendo owing him a slice of the pie for a file format is kind of outrageous. Do you want to pay people for using JPG or PNG ? (not exactly a corollary, but using it as a device to think about the idea of it.)
 

Elaugaufein

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May 11, 2013
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Actually now that I think about it Isn't the iNES header (or an equivalent) necessary for NES emulation* ? IIRC NES cart dumps don't contain enough information themselves.

*That or building a gigantic lookup table into your emulator.
 

rav

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Sep 13, 2013
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Actually now that I think about it Isn't the iNES header (or an equivalent) necessary for NES emulation* ? IIRC NES cart dumps don't contain enough information themselves.

*That or building a gigantic lookup table into your emulator.

Exactly, it's likely every single rom contains this type of header, because they'd need a differentiation for each chip in the cartridge.

EDIT: every single NES rom file on PC
 

jediyoshi

Member
Oct 10, 2009
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Pssst, guys. You've seen all those Arcade collection packages companies like Taito, Konami, Atari, etc. make?

All ROM dumps, and some even use MAME.

Every single one of those companies were incapable of pulling from their internal archives and instead had to resort to downloading user created, distinct ROMs? Source?
 

BGBW

Maturity, bitches.
Jan 19, 2007
54,012
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1,140
It's not professional. It says they don't archive their own stuff properly. And how can they be sure the ROM has not been altered in anyway? Obscenities added, for example. It's a very silly and risky move on their part, if true.

I remember when I got to the end of the third castle and Toad told me to "fuck off cos the princess ain't here".

Nintendo testers were clearly being lazy and playing through the game using warp zones.
 

Elaugaufein

Member
May 11, 2013
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Every single one of those companies were incapable of pulling from their internal archives and instead had to resort to downloading user created, distinct ROMs? Source?

It's actually pretty likely, yeah. Internal archives are done using whatever the storage tech at the time was, which means accessing them today is often pretty difficult even assuming that there was no bit rot or natural disasters or HQ moves or misfiling accidents or space reuse that resulted in them being lost sometime around 2005. It's actually pretty well documented that there's a lot of games were the original copies / source code are forever lost even for PC games.

(As far as MAME goes there's actually several companies that granted MAME permission to distribute their stuff from the pre-IBM PC era).
 

GDJustin

stuck my tongue deep inside Atlus' cookies
Jun 7, 2004
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Wouldn't surprise me at all. Preservation of game code and assets is still not a priority within big companies today, and especially wasn't way back in the 80s.

There are horror stories about the original code to some of the biggest, most beloved arcade games of all time being completely lost and unrecoverable.

You'd be surprised. Nintendo is a huge company, but it isn't "NINTENDO - AN INTERNATIONAL VIDEO GAME COMPANY" packaging up and re-selling these ROMs. It's likely 1-2 dudes doing all of it - documentation, programming the art and assets in the Buy pages, working with International partners, etc. The bench is never as deep at these companies as people think it is. If someone's out sick or leaves their job, work like this can fall onto the desk of someone that's barely cross-trained on it.

Mario 1 needs to be re-released on the VC. Employee A asks employees B, C, and D about the original Mario 1 code. They're all like "God... I'm not even sure. The original? We might have the hardware to dump the data on the cart... ask employees E, F, and G." He asks them, and they aren't positive either.

Now employee A is up against deadline. So... he downloads a ROM, does his best to check that its contents are legit, and moves on to the next game he needs to prep.

Stuff like this happens a lot. There are often no archives. See also: The Okami Wii box art having an IGN watermark on the cover since they nabbed the image from Google Image Search.

Edit: I've now watched the second half of this video and it looks like they're saying close to the exact scenario I sketched out here.

Edit 2: Not to mention that if a company DID get serious about that code preservation, depending on when they got serious about it, the back ups might be hard to access. They could be on old disks or mainframes or other hardware that's hard to access with 2016 tech. This work is expensive and time consuming, and when making budgets for the year, it's an easy thing to cut - since it generates $0 in direct revenue.
 

hohoXD123

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May 28, 2013
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This doesn't really affect users per se, but it does mean that Nintendo has no leg to stand on when attacking roms and emulators as they have done in the past.
 

Fluxdyne

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Sep 8, 2010
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Actually now that I think about it Isn't the iNES header (or an equivalent) necessary for NES emulation* ? IIRC NES cart dumps don't contain enough information themselves.

*That or building a gigantic lookup table into your emulator.
Yes, but the point is that Nintendo used the exact same format. This isn't coincidence. I'm not saying they downloaded the ROM, but if they didn't they made an effort to use the exact same header as the "illegal" emulators do.